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Senate Amendment 3382

Amendment Text

PAG LIN
  1  1    Amend Senate File 109, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 85.71, Code 1997, is amended
  1  6 to read as follows:
  1  7    85.71  EMPLOYMENT INJURY OUTSIDE OF STATE.
  1  8    If an employee, while working outside the
  1  9 territorial limits of this state, suffers an injury on
  1 10 account of which the employee, or in the event of
  1 11 death, the employee's dependents, would have been
  1 12 entitled to the benefits provided by this chapter had
  1 13 such injury occurred within this state, such employee,
  1 14 or in the event of death resulting from such injury,
  1 15 the employee's dependents, shall be entitled to the
  1 16 benefits provided by this chapter, provided that if at
  1 17 the time of such injury any of the following is
  1 18 applicable:
  1 19    1.  The employment is principally localized in this
  1 20 state, that is, the employee's employer has a place of
  1 21 business in this or some other state and the employee
  1 22 regularly works in this state, or if the employee's
  1 23 employer has a place of business in this state and the
  1 24 employee is domiciled in this state, or.
  1 25    2.  The employee is working under a contract of
  1 26 hire made in this state in employment not principally
  1 27 localized in any state, or and the employee spends a
  1 28 substantial part of the employee's working time
  1 29 working for the employer in this state.
  1 30    3.  The employee is working under a contract of
  1 31 hire made in this state in employment principally
  1 32 localized in another state, whose workers'
  1 33 compensation law is not applicable to the employee's
  1 34 employer, or.
  1 35    4.  The employee is working under a contract of
  1 36 hire made in this state for employment outside the
  1 37 United States.
  1 38    Sec. 2.  NEW SECTION.  85.72  CLAIMS FOR BENEFITS
  1 39 MADE OUTSIDE OF STATE – RESTRICTIONS – CREDIT.
  1 40    1.  An employee, or an employee's dependents, shall
  1 41 not be entitled to benefits under this chapter if the
  1 42 employee or the employee's dependents has initiated a
  1 43 judicial proceeding or a contested case or other
  1 44 similar proceeding for the same injury, disability, or
  1 45 death pursuant to the laws of another state or country
  1 46 concerning workers' compensation, and the employee or
  1 47 the employee's dependents receives benefits following
  1 48 resolution of the proceeding pursuant to a settlement,
  1 49 judgment, or award.
  1 50    2.  If an employee, or an employee's dependents,
  2  1 initiates a judicial proceeding or a contested case or
  2  2 other similar proceeding for benefits pursuant to the
  2  3 laws of another state or country concerning workers'
  2  4 compensation, any proceeding initiated by an employee,
  2  5 or an employee's dependents, for workers' compensation
  2  6 benefits under this chapter for the same injury,
  2  7 disability, or death shall be stayed, without
  2  8 prejudice, pending resolution of the out-of-state
  2  9 claim for benefits.
  2 10    3.  If benefits are paid under this chapter and
  2 11 were payable, at any time, for the same injury,
  2 12 disability, or death pursuant to the laws of another
  2 13 state or country concerning workers' compensation, the
  2 14 employer shall have a credit toward the benefits
  2 15 payable under this chapter for any benefits paid in
  2 16 another state or country."
  2 17    #2.  Title page, line 1, by striking the word
  2 18 "employment" and inserting the following:  "injuries
  2 19 that occur and claims made".  
  2 20 SF 109H
  2 21 ec/pk/25
     

Text: S03381                            Text: S03383
Text: S03300 - S03399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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